13 CSR 40-2.310 - Requirements as to Eligibility for Temporary Assistance
(1) All
participants shall meet the eligibility requirements set forth in this rule to
qualify for receipt of Temporary Assistance (TA):
(A) Each participant and each dependent child
shall be a resident of the state of Missouri; and
(B) A United States citizen; or
(C) A qualified alien as defined in section
1641 of Title 8, United States Code, except as otherwise
provided herein. Except as provided in section 1622(b) of Title 8,
United States Code, a qualified alien who enters the United
States on or after August 22, 1996, is not eligible for TA benefits for a
period of five (5) years beginning on the date of the alien's entry into the
United States. Qualified aliens who have entered the United States on or after
August 22, 1996, and who do not meet the time limit exception, may be eligible
for TA after a period of five (5) years beginning on the date of the qualified
alien's entry into the United States. An alien who is not a qualified alien
under sections 1641 or 1622(b) of Title 8, United States Code
shall be ineligible to receive TA benefits. If an alien who is not eligible to
receive TA benefits is found to be on the TA rolls, then his or her benefits
will be terminated and his or her case will be closed. If a participant in the
TA program is not a qualified alien or does not otherwise fall within the
exception set forth in section 1622(b) of Title 8, United States
Code, then the participant's application for TA will be
denied;
(D) A participant shall
provide all Social Security numbers for each parent, caretaker, and child for
whom benefits are being requested, and shall be required to cooperate with the
division to obtain Social Security numbers;
(E) The participant shall use the assistance
provided under the Temporary Assistance program for the benefit of the child or
children;
(F) Any household member
receiving Supplemental Security Income (SSI) shall not be eligible for TA for
themselves. The income, expenses, and resources of the SSI recipient are
excluded when determining the eligibility of the household. The individual
shall be excluded for purposes of determining household size;
(G) The participant shall meet all other
eligibility requirements contained in
13 CSR
40-2.300 through
13 CSR
40-2.370 and
13 CSR
40-2.400 through
13 CSR
40-2.450;
(H) Beginning August 28, 2015, any parent or
caretaker who applies for TA under these regulations shall first complete a
standardized orientation which informs participants of the program's rules and
requirements, available resources for work activities, and consequences if the
program's requirements are not satisfied. Any parent or caretaker who is
applying for TA benefits for himself or herself shall sign a Personal
Responsibility Plan in which he or she commits to participate in the program
and specifies the work activities in which he or she will
participate;
(I) Beginning August
28, 2015, any parent or caretaker whose TA case is closed due to work activity
sanctions under these regulations shall first perform work activities for an
average of thirty (30) hours per week in a one- (1-) month period before
qualifying for TA again, unless such individual is otherwise exempt from work
activities as provided for in these regulations; and
(J) Beginning January 1, 2016, any parent or
caretaker who applies for TA benefits under these regulations shall complete an
online job registration before receiving any payment of TA.
(2) Application for benefits and
timely determination of eligibility for benefits will comply with sections
208.060 and
208.070, RSMo, and
13 CSR
40-2.010. In TA cases where an eligible individual
does not receive his or her first payment for the month in which the thirtieth
day after application falls, a delayed payment will be made for that month and
any later months that passed before the application was approved.
(3) A participant is not eligible for
Temporary Assistance if his/her total countable resources exceeds one thousand
dollars ($1,000). If the participant is participating in an Individual
Employment Plan as defined in
13 CSR
40-2.370, the resource limit is five thousand dollars
($5,000). This policy applies to a child and to a parent(s), or to
step-parents, or if included in the grant, a needy nonparent caretaker relative
or legal guardian with whom the child is living. Resources considered in
determining eligibility for TA, and how the value of those resources is
determined, shall be as follows, unless otherwise defined in subparagraph
(8)(B)1.D.:
(A) Property of any kind or
character which the participant owns or possesses, or has an interest in, of
which s/he is the record or beneficial owner, less encumbrances of record:
1. The value of a life insurance policy at
any time shall be the cash surrender value of the policy, minus the amount of
any lien, loan, accrued interest payments, or assigned portion of the
policy;
2. The value of a qualified
tuition program (as defined at section 529 of Title 26, United States
Code) and Individual Development Account (as defined at section 604(h)
of Title 42, United States Code) does not count toward a
person's eligibility for Temporary Assistance; and
3. The total amount on deposit in a joint
bank account of which the participant is one (1) of the owners is considered as
available to the participant, unless there is verification that the money
placed in the account, or a definite portion of it, belongs to the other joint
owner, who is not applying for or receiving TA. When both or all the owners of
a joint bank account are applying for or receiving assistance, each is
considered as owning his/her proportionate share of the account. If the
participant states s/he has not deposited any portion of the money in the
account, and past circumstances of the participant indicate that this is
reasonable, the total amount on deposit will not be considered as available to
the participant;
(B) For
purposes of the Temporary Assistance program, personal property is defined as
household goods, jewelry, farm surpluses, livestock, farm or business machinery
or equipment, automobiles, trucks, and similar items;
(C) Real Property:
1. When a participant owns real property that
is not furnishing shelter for him/her, the property shall be considered a
resource, subject to the exceptions in paragraph 2. of this subsection. The
countable value of the property is its current market value less encumbrances
of record. The value of countable real property shall be counted as part of the
combination of available resources in determining eligibility for TA;
2. Real property in which the participant has
lived will be counted as a resource the month after the month in which it is
vacated for other than a temporary purpose, unless the spouse from whom the
participant is separated and the participant own the home jointly and the
spouse continues to remain in the home. In this case, the home and forty (40)
acres adjoining will not be included in determining equity in resources as long
as the spouse remains in the home. In the event of divorce, the equity in the
property must be considered as a resource immediately;
3. If a participant or legally married couple
owns more than one (1) piece of property, they shall be required to designate
one (1) as their homestead, and the other real property shall be considered an
available resource. Also, when two (2) participants marry and each owns a home
in which s/he has been living, they will be required to designate one (1) of
the properties as their homestead, and the other shall be considered as an
available resource;
4. The land on
which the home is located, up to forty (40) acres, is considered a part of the
home as long as the land is adjoining, in the same city block, and there is no
other dwelling on the forty (40) acres; or
5. The land on which the home is located up
to forty (40) acres, which is part of a farming unit, will be considered as
part of the home so long as the land is adjoining and there is no other
dwelling on the forty (40) acres. Property will be considered as adjoining even
though a road may separate two (2) tracts, if the property is farmed as a
single unit; and
6. All other real
property will be included in determining the one thousand dollar ($1,000)
limitation for participants, or the five thousand dollar ($5,000) limitation
for participants in Individual Employment Plans;
(D) There shall be disregarded any
prearranged funeral or burial contract, or any two (2) or more contracts, which
provide for the payment of one thousand, five hundred dollars ($1,500) or less
per family member. The face value of an irrevocable burial contract is not a
countable resource; however, it will always be counted toward the one thousand,
five hundred dollar ($1,500) exemption. The face value of a revocable funeral
or burial contract is a countable resource, minus the one thousand, five
hundred dollar ($1,500) exemption. If the same household member is the
beneficiary of both an irrevocable prearranged contract and one (1) or more
revocable prearranged contracts, the one thousand, five hundred dollar ($1,500)
exemption must be applied to the irrevocable contract first. If the irrevocable
contract's cash value is less than one thousand, five hundred dollars ($1,500),
the remainder of the exemption can be applied to the revocable
contracts;
(E) A participant may
not own resources with equity greater than one thousand dollars ($1,000), and a
participant in an Individual Employment Plan may not own resources with equity
greater than five thousand dollars ($5,000); however, the following types of
personal property will not be counted as a resource:
1. Tools, supplies, livestock, farm surplus,
and similar items being used by the participant in the course of his/her
business. This does not include business or farm machinery;
2. Household furnishings, household goods,
and personal effects used by the participant;
3. The first automobile shall be excluded,
plus one thousand, five hundred dollars ($1,500) equity in a second automobile;
and
4. For participants only,
earned income retained in an individual development account (as defined at
section 604(h) of Title 42, United States Code);
(F) Any combination of more than
one thousand dollars ($1,000) for a household, and five thousand dollars
($5,000) for households in which participants have signed Individual Employment
Plans, would make the family ineligible.
(4) In applying earned income exemptions the
following definition of "earned income" will be used:
(A) The term "earned income" encompasses
income in cash or in kind earned by a needy individual through the receipt of
wages, salary, commissions, or profit from activities in which s/he is engaged
as a self-employed individual or an employee. Such earned income may be derived
from his/her own employment, such as a business enterprise or farming, or
derived from wages or salary received as an employee. It includes earnings over
a period of time for which settlement is made at one given time, as in the
instance of sale of farm crops, livestock, or poultry. In considering income
from a farm operation, the option available for reporting under Old Age
Survivor's and Disability Insurance (OASDI), namely the "cash receipts and
disbursements" method, (i.e., a record of actual gross expenses and of net) is
an individual determination and is acceptable also for Temporary Assistance.
With reference to commissions, wages, or salary, the term "earned income" means
the total amount, irrespective of personal expenses, such as income tax
deductions, lunches, and transportation to and from work. With respect to
self-employment, the term "earned income" means the total profit from business
enterprise, farming, etc., resulting from a comparison of the gross income
received with the "business expenses" (i.e., total cost of the production of
the income). Personal expenses, such as income tax payments, lunches, and
transportation to and from work, are not classified as business
expenses;
(B) The definition shall
exclude the following from "earned income":
1.
Returns from capital investment with respect to which the individual is not
him/herself actively engaged, as in a business (for example, under most
circumstances, dividends and interest would be excluded from "earned income");
and
2. Benefits (not in the nature
of wages, salary, or profit) accruing as compensation, or reward for service,
or as compensation for lack of employment (for example, pensions and benefits,
such as United Mine Workers' benefits or Veterans benefits); and
(C) With regard to the degree of
activity, earned income is income produced as a result of the performance of
services by a participant; in other words, income which the individual earns by
his/her own efforts, including managerial responsibilities, would be properly
classified as earned income, such as management of capital investment in real
estate. Conversely, for example, in the instance of capital investment wherein
the individual carries no specific responsibility, such as where rental
properties are in the hands of rental agencies and the check is forwarded to
the participant, the income would not be classified as earned income.
(5) Temporary Assistance shall be
granted on behalf of eligible child(ren) in otherwise eligible families. TA may
be granted to the parents or other needy relatives caring for a child or
children meeting all eligibility criteria, and who-
(A) Are deprived of parental support or care
for the following reasons:
1. Death;
2. Continued absence from, or never living
in, the home;
3. Physical or mental
incapacity of a parent when the incapacity is expected to last at least thirty
(30) days and is of such a debilitating nature as to substantially reduce or
eliminate the parent's ability to support or to care for the child. Physical or
mental incapacity shall be certified by a competent medical or other
appropriate authority designated by the division. Such certification is
declared to be competent evidence in any proceedings concerning the eligibility
of the participant to receive TA. Physical or mental incapacity can also be
verified by the parent's receipt of Supplemental Security Income (SSI) or
Social Security Disability Insurance (SSDI);
4. Divorce/separation;
5. Desertion;
6. Confinement in a penal, medical, or
custodial institution;
7. A
physical restoration or training program developed by vocational
rehabilitation, if the plan necessitates absence of a parent from the home;
or
8. Financial need due to a lack
of adequate income to properly provide for the needs of the child(ren), as
determined in subsection (8)(B) of this rule;
(B) Are not deprived of parental support due
to the parent's participation in a strike; and
(C) Are living with a relative limited to the
following: the child's father, mother, grandfather, grandmother, brother,
sister, stepfather, or stepmother (but not their parents), stepbrother,
stepsister, uncle, aunt, first cousin, first cousin of a parent, nephew, niece,
adoptive father, or adoptive mother, grandfather-in-law, or grandmother-in-law
(meaning the spouse of a second marriage of one (1) of the child's biological
grandparents), great-grandfather, or great-grandmother (including great-great
grandfather or great-great grandmother), brother or sister of half-blood;
adoptive brother or adoptive sister, brother-in-law or sister-in-law, uncle or
aunt of the half blood; uncle-in-law or aunt-in-law, great-uncle or great-aunt
(including great-great uncle or great-great aunt). Relatives by adoption, in
addition to those specifically mentioned here, may be considered eligible
payees within the same degree of relationship as applies to blood relatives.
The biological relatives of an adopted child also continue to be eligible
payees. A legal guardian may also serve as a payee for TA, and if the legal
guardian is otherwise eligible, may be eligible for a cash payment.
(6) Unless it is being used to
refer to the physical dwelling owned by a participant, "home" shall be a family
setting maintained or in the process of being established as evidenced by the
assumption or continuance of responsibility for the child. A home exists as
long as the parent or relative takes responsibility for the care and control of
the child, even though circumstances may require temporary absence of either
the child or the parent (or relative) from the customary family setting,
subject to 13 CSR 40-2.365.
(7) For the purpose of the administration of
Temporary Assistance, payments shall be defined as payments by electronic or
other means made to the payee, at regular monthly intervals. TA benefits will
be made available on the same schedule as indicated in
13 CSR
40-2.150.
(8) Determining the Amount of Cash Payments.
(A) The size and composition of the TA
household is determined under the definition in
13 CSR
40-2.300.
(B) Consideration of available income to
determine whether a need for TA exists-
1. In
TA cases, all income of the following persons who are in the household,
irrespective of subsection (8)(A), shall be considered in determining whether
the children (including stepchild) are in need, and if so, the amount of that
need:
A. Eligible children;
B. Parents of one (1) or more of the eligible
children;
C. Any needy non-parent
caretaker relative or related or unrelated guardian if they desire to be
included in the assistance group and are eligible for inclusion;
D. New spouse and stepparent income:
(I) Upon the marriage of a TA recipient, the
division will disregard the income and resources of the TA recipient's new
spouse for six (6) consecutive TA months. Only months in which a TA benefit is
paid to the recipient will be counted toward the six (6) consecutive months.
The disregard begins the first day of the first month following the marriage
date, in which benefits could possibly, but not necessarily, have been affected
without application of this disregard. The TA recipient cannot receive this
disregard again if he or she remarries. The TA recipient shall provide proof of
a valid marriage to the division;
(II) Except as otherwise excluded in part
D.(I) of this subparagraph, the income of a stepparent living in the same home
as an eligible child counts toward the TA household's eligibility, insofar as
it exceeds the sum of-
(a) The first ninety
dollars ($90) of the stepparent's earned income, for such month;
(b) The Standard of Need for a family of the
same composition as the stepparent and those other individuals living in the
same household as the dependent child, and claimed, or who could be claimed, by
such stepparent as dependents for purposes of determining the stepparent's
federal personal income tax liability, but whose needs are not taken into
account;
(c) Amounts paid by the
stepparent to individuals not living in such household and claimed by him/her
as dependents for purposes of determining the stepparent's federal personal
income tax liability; and
(d)
Payments by such stepparent of court-ordered alimony or child support with
respect to individuals not living in such household;
(III) Dissolution of a marriage severs the
legal relationship of the stepparent to the stepchild unless legal guardianship
is established by the court;
E. The income of any biological or adoptive
brother or sister of an eligible child, if such brother or sister meets the
conditions described in
13 CSR
40-2.310(4) and
13 CSR
40-2.325(1)(A) 1. and 2., and is
living in the home;
F. With respect
to a parent or legal guardian who is under age eighteen (18) with an eligible
child, the income of such minor parent's own parents who are living in the home
shall be included to the same extent that the income of a stepparent is
included (see part (8)(B)1.D.(II) above). The minor parent's earned income
shall be disregarded up to one hundred percent (100%) of the federal poverty
level; and
G. Income of all other
persons in the household will be considered in the amount made available to the
household;
2. In
computing the income of a participant, or of the household of which s/he is a
member, only that income which is available during the period under
consideration shall be taken into account. To be considered as available, the
income shall actually and presently exist (not to be a potential or remote
income) and shall be sufficient to have some appreciable significance in
meeting the immediate requirements of the participant.
(9) Earned Income Exemption.
(A) In determining need and amount of grant
for participants of Temporary Assistance, the following earned income
exemptions will apply, and these amounts will be disregarded in determining the
amount of income available to meet the family's needs:
1. All of the earned income of any child
receiving Temporary Assistance will be exempted if the child is a full-time
student or is a part-time student who is not a full-time employee;
2. The first ninety dollars ($90) of each
participant's gross earned income will be disregarded;
3. An amount equal to the first thirty
dollars ($30) of the actual total of each participant's earned income not
already disregarded in the preceding provisions of this subsection (9)(A) plus
one-third (1/3) of the remainder thereof for four (4) consecutive
months;
4. An amount equal to
thirty dollars ($30) of the total of each participant's earned income not
already disregarded in the preceding provisions of this subsection (10)(A), for
an eight- (8-) month period following the fourth consecutive month of the
disregard provided for in paragraph (10)(A)3.;
5. An amount equal to expenditures for care
in such month shall be disregarded from earned income for an eligible child, or
an incapacitated individual living in the same home as the child, receiving
Temporary Assistance and requiring such care for such month, to the extent that
such amount for each such child or incapacitated individual does not exceed one
hundred seventy-five dollars ($175) for children age two (2) and over, or two
hundred dollars ($200) for children under two (2) years of age; and
6. All of the earned income of a parent who
is under the age of nineteen (19) and is a full-time student in a secondary
school or equivalent program of education or training.
(B) The disregards applied against the earned
income outlined in subsection (9)(A) shall not be applied to the earned income
of any person who-
1. Terminated his/her
employment or reduced his/her earned income without good cause within such
period of not less than thirty (30) days preceding such month;
2. Refused without good cause, within such
thirty- (30-) day period, to accept employment in which s/he is able to engage,
which is offered through the public employment offices of the state or is
otherwise offered by an employer, if the offer of the employer is determined by
the division or agency designated by the division, after notification by the
employer, to be a bona fide offer of employment; and
3. Failed without good cause to make a timely
report to the division of earned income received in such month.
(C) The disregards applied against
earned income as provided for in subsection (9)(A) are subject to the following
requirements:
1. The exclusion of a child's
earned income in paragraph (9)(A)1. shall be applied when determining need for
up to six (6) months within the calendar year of January through December, and
thereafter shall not be applied if the income without applying this disregard
was in excess of the standard of need;
2. The thirty dollar ($30) plus one-third
(1/3) disregard in paragraph (9)(A)3. shall not be applied if the income
without applying this disregard was in excess of the standard of need, unless
the person received TA in one (1) or more of the four (4) preceding such
months, and this disregard has not already been applied to his/her income for
four (4) consecutive months while s/he was receiving TA. If this disregard
provided for in paragraph (9)(A)3. has been applied for four (4) consecutive
months, the disregard shall not be applied for as long as the person continues
to receive TA, and shall not apply until the expiration of a period of twelve
(12) consecutive months during which the person is not a recipient of TA;
and
3. The thirty dollar ($30)
disregard in paragraph (9)(A)4. shall be available only for the eight- (8-)
month period following the fourth consecutive month of the disregard provided
for in paragraph (9)(A)3. If the eight- (8-) month period for the disregard
provided for in paragraph (9)(A)4. has expired, the disregard shall not be
applied for as long as the person continues to receive TA, and shall not apply
until the expiration of a period of twelve (12) consecutive months during which
the person is not a recipient of TA.
(D) The division shall apply the two-thirds
(2/3) earned income disregard, consistent with section 208.040.5(1), RSMo. The
two-thirds (2/3) disregard shall apply for no more than twelve (12) consecutive
months. Once the two-thirds (2/3) disregard is applied for twelve (12)
consecutive months, the individual is not eligible for the two-thirds (2/3)
disregard until the individual does not receive TA for twelve (12) consecutive
months. The two-thirds (2/3) disregard is applied prior to allowing the thirty
dollars ($30) plus one-third (1/3) disregard as defined in paragraph
(9)(A)3.
(10) 185% Test.
No family shall be eligible for TA if for that month, the total income of the
family (other than Temporary Assistance benefits), without application of the
earned income disregards provided for in paragraphs (9)(A)2.-5. and for up to
six (6) months within the calendar year of January through December with
application of the earned income disregard provided for in paragraph (9)(A)1.,
equals or exceeds one hundred eighty-five percent (185%) of the Standard of
Need for a family of the same composition.
(11) Standard of Need Test. No family shall
be eligible for TA if, for that month, the total income of the family (other
than TA benefits), without application of the earned income disregards provided
for in paragraphs (9)(A)2.- 5., except paragraphs (9)(C)1. and 2. would have
application, and for up to six (6) months within the calendar year of January
through December with application of the earned income disregard provided for
in paragraph (9)(A)1. equals or exceeds the Standard of Need for a family of
the same composition.
(12)
Percentage of Need Test. No family shall be eligible for TA if, for that month,
the total income of the family (other than TA benefits), after application of
the earned income disregards provided for in section (9), equals or exceeds
34.526% of the Standard of Need.
(13) When considering an application for TA,
the income tests in sections (10), (11), and (12) must each indicate income
below the respective standard. To be eligible, income shall be less than-
(A) 185% of the Standard of Need when
applying the 185% Test;
(B) The
Standard of Need for the Standard of Need Test; and
(C) 34.526% of the Standard of Need for the
Percentage of Need Test.
If the household is determined eligible after application of the tests in sections (10), (11), and (12), the grant amount will be the deficit determined in the Percentage of Need Test. The table below indicates the maximum grant amount by application of the Percentage of Need (34.526%) to the Standard of Need, according to household size.
|
No. of Persons: |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
|
Standard of Need: |
393 |
678 |
846 |
990 |
1123 |
1247 |
1372 |
1489 |
1606 |
1722 |
1839 |
|
34.526% of Need: |
136 |
234 |
292 |
342 |
388 |
431 |
474 |
514 |
554 |
595 |
635 |
|
No. of Persons: |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
|
Standard of Need: |
1956 |
2072 |
2188 |
2304 |
2420 |
2536 |
2652 |
2768 |
2884 |
3000 |
3116 |
|
34.526% of Need: |
675 |
715 |
755 |
795 |
835 |
875 |
915 |
955 |
995 |
1035 |
1075 |
(14) In the payment of TA benefits, the
amount shall always be lowered to the nearest dollar interval. If the
determined amount results in a grant of less than ten dollars ($10), no cash
payment will be made.
(15) In TA
cases, the initial assistance payment must be prorated when the case is
approved in the same month as the filing of the application. The payment will
be determined by multiplying the amount payable for a whole month by the ratio
of the days in the month from the date of application to the end of the month
to the number of days in a standard thirty- (30-) day month.
(16) Legal immigrants meeting the eligibility
criteria for TA, who would be eligible for food stamps but for the passage of
P.L. 104193, effective August 22, 1996, may be eligible for nutrition
assistance calculated by use of the Food Stamp budgeting process set forth in
section 2014 of Title 7, United States Code.
(17) Participants who meet the definition of
a TA household must have their eligibility explored under TA (except under
emergency situations when General Relief orders may be utilized) before having
their eligibility for General Relief explored, if funds have been appropriated
to the General Relief program. Any participant whose eligibility has been
explored under TA and is found to be ineligible for TA cash payments because of
the following reasons shall be ineligible for General Relief:
(A) The person refuses to cooperate in
establishing his/her eligibility for TA, including persons who refuse to apply
for a Social Security number, refuse to participate in work activities, refuse
to enter into an individual employment plan, refuse to make an assignment of
support rights, refuse to cooperate in the identification of absent parents,
and refusal to cooperate for any other reason;
(B) Relationship to the payee who is not a
legal guardian cannot be established for children under eighteen
(18);
(C) The budget shows no
need;
(D) The available resources
exceed the maximum allowed; or
(E)
The children are not deprived of parental support.
(18) A participant who is aggrieved by a
decision of the division under this regulation may appeal the division's
decision pursuant to section
208.080, RSMo.
(19) The confidentiality provisions of
13 CSR
40-2.180 apply to the TA program.
(20) The provisions of
13 CSR
40-2.190, regarding the collection of overpayments,
apply to the TA program.
(21) The
provisions of 13 CSR 40-2.230, regarding the
disposal of excess real property, apply to the TA program.
(22) By submitting information to the
division, a participant is certifying that the information is true, accurate,
and complete.
Notes
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